…opportunistic behaviour of states? Would the expropriation risk and the costs of projects not increase by discarding Chorzów? Would discarding the Chorzów formula result in less investments? Benard V. Preziosi…
…rejected and the Claimants were required to pay $7 million to cover arbitration costs. The Tribunal unanimously rejected the claim of expropriation, emphasizing that this was a valid exercise by…
…security and protection provisions. Below we analyse two decisions (and their related tests) which demonstrate instances of corruption that have been relied upon by investors to bring a claim against…
…and for full protection and security of foreign investments in both countries. Lebanon has also a long tradition of openness towards the international community having ratified several trade agreements with…
…difficult even for the operator of the social platform to find out the real identity of the user; therefore, a platform can facilitate communication between criminals or impair security of…
…the arbitration community and from users, often citing costs and duration as a potential downfall. Second, the New York Convention is being currently presented with a mandate that was not…
…value/low complexity disputes on one end, and high value/complexity on the other. While discussion about efficiency in arbitration typically focuses on larger-sized disputes (where the largest costs are incurred), institutions…
…However, he also mentioned that, in sports arbitrations, there was a greater transparency due to the nature of sports disputes (frequently parties want their names concealed), control of costs and…
…frequently raised in regard to financing international arbitration: disclosure and security for costs. In our Case law section, we publish a decision of the Brussels Court of First Instance, with…
…tightening of institutional procedures, including expedited and summary disposition, is yet another example of the impact of this quest. But efficiency is not just about cutting costs. Some argue that…
…underscore similar perceptions and concerns, regarding the costs of arbitration, which exist in the literature and elsewhere in the dispute resolution community. If the perception of a protracted duration and…
…a domestic arbitral award in Serbia. Efforts to improve efficiency of enforcement in Serbia On 1 July 2016, the 2015 Enforcement and Security Act (ESA) came into force in Serbia.4)Zakon…
…arbitration. Apart from defining the ‘costs’ in arbitration to include TPF in Article 41(2)(g) of the Bill, Article 50(1) empowers the arbitral tribunal to fix ‘costs of arbitration’ in its…
…to add the arbitrators’ nationality in the text of the award (Article 41(5)); the absence of an express tribunal power to award party costs, these being expressly “at [a party’s]…
…tribunals to consider the costs of obtaining TPF in granting the costs of the arbitration. It is widely accepted that arbitral tribunals have broad discretion to award costs (including both…
…a broad approach to the notion of procedure and will as a result again also cover choice of law, remedies, interest and costs. The second edition will have a much-improved…
What Causes Inter-Institutional Variations in the Duration of the Arbitration Process? A significant advantage that arbitration has over litigation is the speed with which proceedings are conducted. The duration…
…influence over the arbitration. In a security for costs application, a key consideration is the financial situation of the party against which security is requested. Based on an extensive survey…
…Recovery of Third-Party Funding Costs in Arbitration: To Be or Not to Be? The Essar v. Norscot decision rendered by the High Court of England and Wales in 2016 has…
…bears these costs, it must have other sources of funding to sustain its operations. As envisaged by the Paris Agreement, different sports governing bodies have over the years been making…
…24(L). Details of a TPF’s interest in the outcome of proceedings and any commitments to undertake adverse costs liability are potentially relevant to an application for security for costs….
…to rely on this information at face value, it is a no brainer that it would serve to reduce costs as well as to simplify and expedite property transactions. With…
…delivering decisions which is one of the fundamental purposes of opting for the expedited procedure. Secondly, the costs of a sole arbitrator would also outweigh the costs of a three-member…
…of such interim measures; and • imbue the Arbitral tribunal with the power to request that the party seeking an interim measure provide appropriate security in connection with the measure…
